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Mediation and Conciliation for Separating Couples
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InterMEDIATE Dispute Management Pty Ltd is proud to announce that after scrupulous examination of our Family Dispute Resolution services, our organisation is now the ONLY Non-Government funded agency in Australia, to be recognised and nominated to the Federal Attorney General's Family Relationships Online website and Advice Line, for Family Dispute Resolution provision.
Private service. Available during and after hours, 7 days a week, Australia wide and beyond.
Separation Mediation at short notice, Australia wide and beyond. Services are available during and after hours, 7 days a week.
Family Law Mediation and Family Dispute Resolution enable ex-spouses to communicate their needs respectfully and effectively through the faciliation of skilled and accredited practitioners, to craft agreements that genuinely meet their needs and interests, without the need or expense of court.
Family Law Mediation is an efficient and effectiveprocess which has been developed over time. Highly skilled, professional mediators can help parties to manage emotions, enable genuine dialogue, speak respectfully, identify and work systematically through all issues, generate new options negotiate and make robust agreements. Mediation also helps protect mental health and restore communication which is vital for cooperative parenting.
When new partners are involved, the dynamics of the separation change. Mediation in these circumstances, with the agreement of all parties, can involve new spouses and the original (now separated) couple. This is most important where miscommunication, or non-communication can make effective parenting difficult and children suffer.
One of the keys to success of Family Law Mediation and Family Dispute Resolution is early intervention, before the dispute has escalated to a level where bitter rancour clouds better judgement and suppresses unreasonable decision making.
At a fraction of the cost of litigation, Family Law Mediation and Family Dispute Resolution cost an average of less than $1,500 per party, which includes assessment, the joint session by two highly skilled and experienced practitioners and the written agreement.
The co-mediation model offered by InterMEDIATE Dispute Management, is important for gender balancing, greater impartiality and an unbiased process. Our model allows for the agreements to be developed during the session. These can be reality tested and future paced to ensure the agreements are practical, workable, robust and that each party can live with it. The agreement is printed for signing at the end of the joint session. This ability represents a huge cost saving and time saving to the parties. Others will send out a printed agreement some time later. Details can be misconstrued or meanings argued about and the agreement can fail.
Rates of satisfaction with a mediated agreement are reported to be as high as 85%. It is hard to measure, but not hard to compare with less than 40% level of satisfaction reported through litigation. Afterwards parties are likely to feel empowered, relieved and satisfied that they have achieved a result that both parties can live with, and in the best interests of their children.
Divorce and moving house are right up there, on the highest levels of the stress scale. Feelings of grief and loss, emptiness, failure, misery, disappointment and distress can lead to substance abuse, depression, job loss, and damage to other relationships.
Negative emotions result from needs being unmet. In an attempt to deal with these unmet needs, competitive action is stimulated. This often takes the form of a grapple over whatever remains of the relationship - property and finance, even the kids.
Traditionally divorce lawyers were engaged. Seen as the experts in a minefield, their knowledge and advice of rights and responsibilities is invaluable. To protect bruised emotions, they have provided distance from direct confrontation with a former spouse, but are parties looking for a guide dog or a guard dog?
Family lawyers advise their clients about their rights and then encourage them to try mediation, or Family Dispute Resolution rather than litigate wherever possible. Lawyers are highly valued for their advice, and are available to represent in court when absolutely necessary for those whose conflict is so highly entrenched that mediation is no longer appropriate, or where current violence or abuse is prevalent. They are trained in an adversarial system, and it is their job to elicit, and fight if necessary for the very best "deal" for their client.
Litigation is not appropriate for those parties who desire or may have agreed to remain amicable, because unreasonable letters of demand from lawyers begin to arrive. Appalled and disbelieving at the intimidating language and unjust demands, a shocked ex-spouse may feel they are being left with little choice but to retaliate. The battle has begun.
So convinced are some parties, that the smartest and most expensive lawyer is going to get them what they want, and so sure are they that they are "right" and persuaded of their "rights" that they are often blinded to the reality that in every court battle someone loses. Court, unfortunately is not about fairness, or even about justice. It is about applying the letter of the law. A complete stranger imposes his or her decisions and very often neither party is pleased with the outcome. Appeals just add to the horrendous expense and stress, and only serve to extend the fight, into poverty. For people with children, this is downright scandalous.
Court can cost separating parties more than $10,000 a day per party, and can easily take a week. This is a sickening amount to come out of their combined property and finances that they are trying so hard to keep. How can anyone be declared a winner in that type of bloodbath?
Fortunately the Federal Government has legislated reforms that have changed the way divorcing couples are settling their affairs, whilst protecting their needs and interests. Except for urgent cases, or where violence is prevalent, Family Dispute Resolution is now compulsory for parenting issues before couples are allowed to file in court. A (s)60i Certificate issued by Accredited Family Dispute Resolution Practitioners is required, and will indicate whether parties have made a genuine effort. Those who do not make a genuine effort may be liable for the other party's legal costs, and may be ordered by the court, back to mediation. See our Compulsory Mediation page for more details.
Mediation, or Family Dispute Resolution as it is now known when children's issues are involved, is utilised to help parties negotiate and make vital agreements, without the need to go to court. Through highly trained, professional practitioners parties are encouraged through a highly structured process to make agreements about property and finance, communication and parenting issues. Written agreements can be made legally binding if required.
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